Message from the President

The General Campus Rules attempt to clarify the types of conduct that shall be considered to affect adversely New Mexico Tech’s educational function. New Mexico Tech will not allow any conduct to disrupt community living on campus, to interfere with the rights of others to pursue their education, perform their duties and responsibilities, or participate in New Mexico Tech activities. Any conduct that does interfere with, or disrupts, the general campus educational purpose is subject to disciplinary action. In the following, the Dean shall mean the Dean of Students; the term shall also mean the Dean’s designated representative. The term number of days shall mean the number of school days.

Causes for Disciplinary Measures

1. Dishonesty or knowingly furnishing false information to the Institute;

4. Possession or discharge of firearms, fireworks, or other explosives on Institute property, including student housing, except as expressly permitted by law or regulation and in designated target areas;

5. Theft of, or damage to, Institute property, or causing injury to a member of the Institute community or a campus visitor;

6. Physical or mental abuse or coercion of any person on Institute-owned or controlled property, or at Institute-sponsored or -supervised functions, or conduct which threatens or endangers the health, safety, personal rights, or dignity of any person;

7. Sexual harassment in any form. (Contact the Director of Affirmative Action and Compliance, -5645.);

8. Unauthorized entry to Institute facilities or use of Institute equipment;

10. Violations of Institute policies or of campus regulations, including those concerning the registration of student organizations, use of Institute facilities or time, place, and manner of public expression;

11. Obstruction or disruption of teaching, research, administration, disciplinary procedures or Institute activities, including public service functions, or of other authorized activities on Institute premises; or

12. Violation of the laws of the State of New Mexico or of any other governmental body.

Statement of Policy

Tech’s primary purpose is education, which includes teaching, research, discussion, learning, and service. An atmosphere of free and open inquiry is essential to the pursuit of education. Tech seeks to protect academic freedom and build on individual responsibility to create and maintain an academic atmosphere that is a purposeful, just, open, disciplined, and caring community, to summarize the principles of community (Carnegie Foundation for the Advancement of Teaching, Boyer, 1990).

I. Student Discipline Policy

The Tech Student Discipline Policy has two primary purposes. First, it is intended to ensure that the student charged with disciplinary infractions is granted due process of law consistent with the principles of the U.S. Constitution. Due process means a fundamentally fair procedure based upon reasonable principles impartially applied. Second, the policy is intended to educate the student in question regarding the standards of conduct expected at Tech and throughout society as a whole. The campus judicial process is not intended to mimic a genuine adversarial court proceeding but is based upon sound judicial practices. Students violating General Campus Rules are subject to disciplinary action in accordance with the following procedures:

1. Bringing of Charges

Charges of violations of the General Campus Rules may be brought by any member of the student body or staff, including, but not limited to, members of the administration. Charges must be in writing, must specify the nature of the violation, and must give details as to time, place, and persons involved. This statement must be given to the Dean of Students within ten days of the incident(s) in question or the report of a violation.

2. Notification of Charges

Students charged with violations of the General Campus Rules must be notified in writing by the Dean of Students of the charge within ten school days of the bringing of charges. This notice must contain the particulars specified in the written statement of charges and a copy of this Student Discipline Policy.

3. The Dean of Students’ Investigation

The Dean or his/her designated representative will investigate the charges and may impose disciplinary penalties as stated in the “Disciplinary Action” section. The action taken shall constitute the Dean’s decision. Regardless of the action taken by the Dean, the student has the right of hearing and appeal.

4. Disciplinary Action

A student who is found to have violated a General Campus Rule may be subject to one or more of the following penalties:

·Costs for damage to school property

·Requirement to complete community service projects

·Suspension of the right to use Institute facilities for a period of time

·Removal from campus housing

·Disciplinary probation, not to exceed one calendar year (recorded in the student’s file in the Dean of Students’ Office)

·Interim suspension (see “Interim Suspension”)

·Disciplinary suspension, not to exceed one calendar year (recorded in the student’s permanent file in the Office of the Registrar)

·Permanent dismissal (recorded in the student’s permanent file in the Office of the Registrar)

If none of the above penalties is deemed appropriate, other disciplinary action may be imposed by the Dean of Students based on the violation(s). A student may be given an oral or written warning or statement that no disciplinary action is warranted. Disciplinary action may be taken in cases where students are convicted of breaking criminal or civil law off campus. The Dean may also proceed with disciplinary action against a student or students without waiting for the results of criminal proceedings. The decision whether or not to take action shall belong to the Dean.

5. Interim Suspension

At times, on the basis of his investigation, the Dean of Students may conclude that it is necessary to suspend a student immediately prior to a hearing on the matter. This may be the case when the student in question is dangerous to himself or herself, to others, or to property. Under such circumstances, the Dean, with the concurrence of the Associate Vice President for Academic Affairs, or, in his/her absence, a person designated by the Institute President, may impose an interim suspension pending written notice with a hearing to be set at a later date.

An interim suspension may not be imposed unless it is based upon facts which clearly show that the student’s continued presence on campus constitutes a danger to the student, to others, or to property. An interim suspension may not be based upon mere suspicion of guilt. Any student suspended on an interim basis has the right to a hearing before the Student Discipline Committee. The student suspended on an interim basis must present a written request for a hearing to the Dean of Students within five days of the effective date of the interim suspension. The hearing must be held within five days of the suspended student’s request for a hearing unless the student charged requests a delay, in which case the times specified in the following section shall apply.

The interim suspension shall terminate when the hearing is held. The Dean of Students may impose regular disciplinary penalties at this point in the proceedings.

6. Hearing

Upon request by the Dean of Students or by the student charged and subjected to disciplinary action, the case will be heard by the Student Discipline Committee. Requests for a hearing before the Committee must be presented in writing to the Dean within five days of the effective date of the disciplinary action.

The hearing is not intended to be a full-fledged adversarial proceeding: it is intended to be a fair hearing with ample opportunity for both parties (the student and the Institute) to present the facts. The Institute will be represented by the Dean of Students or his/her designated representative.

The following procedures shall apply:

1. Both parties will be notified of the date of the hearing at least five days prior to the hearing (except in the case of interim suspension). In exceptional cases, the Student Discipline Committee may choose to hold the hearing at an earlier time, but only with the express agreement of both parties.

2. Both parties shall be permitted to inspect, at least 24 hours in advance of the hearing, any documentary evidence which the other party intends to submit at the hearing.

3. The party who is charged with violating the General Campus Rules is responsible for presenting his or her case; advisors (including attorneys) can be present but are not permitted to present arguments or evidence.

4. Both parties may question any witness who testifies at the hearing.

5. A tape recording will be made of the hearing. A more formal record by a court reporter may be arranged by either party at their own expense.

6. The hearing shall be private if so requested by the student charged.

7. The student charged is not required to testify in his/her own defense and failure to testify shall not be held against the student.

8. The Student Discipline Committee will base its findings and decision solely on the evidence presented at the hearing.

9. The Student Discipline Committee shall give a written copy of its findings and decision to the parties within a reasonable amount of time. A copy of the findings and decision will also be kept on file in the Dean of Students’ Office.

10. The Student Discipline Committee may affirm, reverse or modify the decision of the Dean of Students. The decision of the Student discipline Committee shall be final unless appealed and reversed or modified.

Either the student charged or the Dean of Students may appeal the decision of the Student Discipline Committee. This appeal, which must be in writing, will be sent to the Vice President for Student and University Relations of the Institute within ten days of the date of the Student Discipline Committees written decision. If the Dean of Students and the Vice President for Student and University Relations are one in the same, the appeal will be made to the President.The President or Vice President for Student and University Relations’ review shall be limited to a review of the record made before the Student Discipline Committee, including all documentary evidence, if any, admitted. However, the President or Vice President for Student and University Relations may allow such additional testimony and/or documentary evidence to be presented to him/her as he/she may, at his/her sole discretion, determine necessary in order to clarify the facts and/or the respective position of the parties. The Vice President for Student and University Relations may recommend to the President affirmation, reversal, or modification of the Student Discipline Committee’s decision. The President’s decision shall be binding and final. Should the President be a party to the dispute, a person selected by the Regents shall perform the duties assigned to the President. The decision on the appeal shall be returned in a timely manner.

1. Records of violations of General Campus Rules that result in disciplinary action taken shall be kept by the Dean of Students’ Office for 10 years after the date of action taken.

2. Records concerning disciplinary actions will be retained by the Dean of Students’ Office for 5 years after the date of the disciplinary action.

3. A record of disciplinary suspension will remain in the student’s permanent file in the Office of the Registrar.

4. Any student may examine his or her own file and may request that records of disciplinary action be removed and destroyed. Such requests will be reviewed by the Dean of Students and must be honored if the relevant period specified in paragraphs 1 and 2 above has expired.

9. Student Discipline Committee

1. The Student Discipline Committee shall hear cases of students charged with violations of General Campus Rules and subject to disciplinary penalties if requested by either the student charged or the Dean of Students. The Committee will then make its decision following a hearing.

2. The Student Discipline Committee shall be composed of:

·two members of the Supreme Court of the Student Association and one alternate (another member of the Supreme Court) as designated by the President of the Student Association;

·one member of the Graduate Student Association and one alternate as designated by the President of the Graduate Student Association;

·three members of the Faculty Senate and two alternates (not members of the administration other than chairpersons of academic departments) elected by the Faculty Senate.

3. Either party to the dispute may disqualify one member of the Student Discipline Committee. Members may also disqualify themselves and should do so if they are aware of any reason they would not be able to render a fair and impartial decision.

4. The Student Discipline Committee shall establish its own procedures and shall select its own Chairperson. A quorum shall consist of all six members of the committee. (In the event that one or more committee members are unable to meet at times consistent with the provisions of Interim Suspension and Hearings, an alternate member shall serve.) The Chairperson must vote on each and every issue. In case of a tie vote on the charges, the student shall be found innocent, and in case of a tie vote on the discipline imposed, the less serious disciplinary action shall be recommended to the Dean of Students.

A. Alcohol & Drug Policies

Introduction

The Tech Student Alcohol and Drug Policy is intended to be in full and complete compliance with the letter and the spirit of the provisions of the 1998 Congressional amendments to the Higher Education Act entitled, “Collegiate Initiative to Reduce Binge Drinking and Illegal Alcohol Consumption,” on college campuses.

All Tech students should read this policy to become familiar with its provisions and the possible consequences of violating University rules and New Mexico State laws.

Section I: Alcohol

Overview: Alcohol Consumption and Abuse on Campuses

Alcohol abuse is an epidemic on college campuses nationwide. Although Tech does not have as serious a situation as some colleges, alcohol abuse occurs and students need to understand the health risks. Alcohol abuse is a pattern of problem drinking that results in health consequences, social problems, or both. However, alcohol dependence or alcoholism refers to a disease characterized by abnormal alcohol-seeking behavior that leads to impaired control over drinking.

According to the 1997 College Alcohol Survey, college and university administrators estimate alcohol is involved with 29 percent of drop-outs, 38 percent of academic failures, 64 percent of violent behaviors, 66 percent of unsafe sexual practices, and 75 percent of acquaintance rapes. Short-term effects of alcohol use include distorted vision, hearing, and coordination; altered perceptions and emotions; and impaired judgment. Long-term effects include vitamin deficiencies, stomach ailments, sexual impotence, liver damage, and heart and central nervous system damage. Alcohol at a high enough concentration can lead to poisoning and death.

New Mexico Tech’s Philosophy on the Use of Alcoholic Beverages

Tech is concerned with both the welfare of the Institute community as a whole, and with the academic and personal development of each student. The Institute strives to create a healthy environment, one in which alcohol use will not interfere with learning, performance, or development. Substance abuse disrupts this environment and places at risk the lives and well being of the members of the Institute community, as well as the potential of students for contributing to society. It is important that all members of the Institute community take responsibility for preventing the illegal or high-risk use of alcohol or other drugs.

As members of the Institute community, students are expected to comply with and abide by the policies and guidelines as stated below, as well as the laws of the State of New Mexico.

Tech recognizes that the abuse of alcoholic beverages poses potential risks to the health and safety of members of the Institute community. Campus policies and procedures regarding alcohol availability and consumption are intended to minimize these risks.

Health Risks of Alcohol Consumption Alcoholic beverages, in the form of beer, wine, wine coolers, or distilledspirits, require no digestion and are absorbed directly into the bloodstream from the digestive tract. Within approximately three minutes after drinking, alcohol may be found in the brain and all other tissues, organs, and body fluids. Alcohol depresses the central nervous system. At low levels, vision, judgment, and complex motor skills and behaviors are impaired, making it dangerous to drink and drive. Not only are persons under the influence of alcohol less able to perform the many complex tasks involved in safe driving, they cannot judge their own levels of impairment. Because alcohol decreases inhibitions, users may do things they normally would not do.

Long-term drinking of moderate to large quantities of alcohol can cause liver damage. Heavy drinking can cause serious nervous and mental disorders, including permanent brain damage. Ulcers, gastritis, pancreatitis, diabetes, high blood pressure, malnutrition, and some cancers are also more common among chronic heavy drinkers than among the general population. Heavier users may also experience periods of amnesia called blackouts. During these periods, the person functions, but later cannot remember what he or she has done during this time. Physical addiction to alcohol can occur after many years of heavy drinking; or, for some individuals, soon after the first drink. Addicted persons need alcohol all the time or they may experience withdrawal when alcohol use stops. Moderate withdrawal symptoms include craving alcohol, anxiety, weakness, tremors, and perspiration. More severe withdrawal symptoms include nausea, vomiting, seizures, convulsions, hallucinations, and delirium tremens. Severe alcohol withdrawal can be fatal.

Other serious hazards associated with the abuse of alcoholic beverages are Fetal Alcohol Syndrome (FAS) and other alcohol-related birth defects. Drinking by the mother during pregnancy places the unborn child at risk, affecting the child’s development. Conditions seen in FAS children include mental retardation, a pattern of abnormal facial and body features, and central nervous system abnormalities. Not all infants born to women who drink exhibit abnormal development. “Safe” levels of alcohol use during pregnancy have not been established, and it is currently recommended that pregnant women abstain.

Tech’s Policies and Procedures on the Consumption of Alcohol Tech strongly discourages the abuse of alcoholic beverages. Students who have attained the legal drinking age (21 years) do have a right to consume alcohol-containing beverages under certain circumstances. Tech is acknowledging this right by allowing alcohol consumption when the use is within New Mexico’s law, as well as within campus rules. Tech seeks to encourage and sustain an academic environment that both respects individual freedom and promotes the health, safety, and welfare of all members of the community. In keeping with these objectives, Tech has established this policy governing the possession, sale, and consumption of alcoholic beverages on the campus. This policy is subject to change in order to comply with new local, state, or federal laws, or changes in Institute operating procedures pertaining to the possession and consumption of alcoholic beverages.

Education Because Tech is an institution of higher education, education about alcohol use and abuse is prevalent. This begins with Orientation and continues through offices including the Career Services, Center for Student Success, Counseling, International and Exchange, Residential Life, and Student Health Center.

Student Activities

All Tech-sponsored activities for students are alcohol-free. The Student Activities Board (SAB) is a Student Association programming committee that produces events and activities such as concerts, ski trips, comedy shows, movies, and dances. Consistent with its educational mission, Tech also assists its members in finding alternatives to alcoholic beverages for promoting social interaction and stress reduction.

Resources for Students

The Counseling Office in the Fidel Center (-5443) provides short-term therapy for students with alcohol and/or drug issues. Students who are concerned about the use or abuse of alcohol or other drugs may receive assistance from the Counseling Office. Students concerned about others using or abusing alcohol or other drugs may also receive assistance from the Counseling Office. Such requests for assistance will be subject to the same confidentiality guidelines that govern all counseling procedures. For general concern, students may contact the Health Center (-5094).

In the Socorro community, resources are also available close to campus at Socorro Mental Health (835-2444) and information on 12-step programs is available weekly through local newspapers.

Institute Policy Concerning the Consumption of Alcohol

Student Functions:

The following guidelines and rules shall apply to all student functions held on the Tech campus, or officially sanctioned by the Institute:

·No alcoholic beverages will be dispensed or served at Institute-sanctioned student functions. An exception may be made for a function held at Macey Center, but only with the recommendation of the Dean of Students and approval of the President of the Institute. (Students who seek to take advantage of this limited exception should first discuss the matter with the Dean of Students.)

·Tech students who are 21 years of age or older may consume alcohol only in private residence hall rooms or in licensed facilities. New Mexico law specifically prohibits open containers in public (e.g., outside residence hall rooms or in public rooms of the residence halls, parking lots, lounges, patios, and other open spaces on campus). Kegs (party kegs, pony kegs, party balls, etc.) are expressly prohibited.

·All students attending an activity where alcoholic beverages are served, consumed, or present must maintain on their person a clear means of picture identification as appropriate proof of age. Students and other individuals who alter their “ID” cards to falsify their age are in violation of Institute regulations and are subject to its disciplinary proceedings and sanctions. Students or other individuals who alter government agency documents (driver’s license, birth certificate, etc.) may also be in violation of the laws of the state of New Mexico and subject to its proceedings and sanctions.

·Non-alcoholic beverages must be available during approved campus functions at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages. Food must also be available in appropriate quantities.

·A means of readily identifying students who have attained the legal drinking age must be provided by the sponsoring group(s) involved.

·The consumption of alcoholic beverages must not result in a disturbance to a social event or to the educational environment. (Intoxication may result in disciplinary action as defined in the Student Discipline Policy.)

Tech has a responsibility to ensure that an environment exists in which students can pursue their academic and personal development. However, in general, the Institute cannot monitor the environment external to the university campus. Student organizations are registered or recognized to function only on the Tech campus unless otherwise contracted or agreed to by standard written Institute procedures. Tech is not responsible for the activities of individual students or student organizations when those activities occur off-campus, unless this activity is formally recognized and approved by the Institute.

Institutional Sanctions Student organizations or individual students who violate Tech policies or state or federal laws may be subject to civil, criminal, and Institute proceedings and sanctions.

The Tech campus is not a sanctuary that relieves students of their responsibilities as citizens to abide by local, state, and federal laws, or Institute regulations, policies, and procedures. Violations of this campus alcohol policy will be referred to appropriate Institute officers.

Students and student organizations may be subject to sanctions by more than one appropriate agency. Sanctions for the violation of Institute policies are based upon the severity and frequency of the violation. Sanctions may include, but are not limited to:

·Suspension of the right to use Institute facilities for a designated time;

·A requirement to complete community service projects;

·Removal from campus housing;

·Suspension of individual students or another penalty as designated by the General Campus Rules, including permanent dismissal from Tech.

New Mexico’s Alcohol Laws

Note: New Mexico State Law supersedes any Tech law with regard to alcohol use or possession.

·It is unlawful to consume alcoholic beverages if one has not yet attained the legal drinking age of 21 years.

·It is unlawful to serve or obtain alcohol for an individual who is not yet 21 years of age. (Persons in violation of this statute are guilty of a fourth-degree felony.)

·It is unlawful to serve alcohol to a person who is intoxicated (Blood-Alcohol Level, or BAL, of .08 percent or above).

·It is unlawful for any person to permit use of his/her driver’s license or any other identification document by an underage person to purchase or attempt to purchase alcoholic beverages.

·It is unlawful for any person under the influence of alcohol to drive any vehicle within the state.

·No person shall knowingly drink an alcoholic beverage while in a motor vehicle upon any public highway within the state.

·No person shall knowingly have in his/her possession, while in a motor vehicle upon any public highway within the state, any bottle, can, or other receptacle containing an alcoholic beverage which has been opened or had its seal broken or the contents of which have been partially removed.

·You are considered driving while intoxicated if you are less than 21 years of age and have a BAL of .02 percent or greater. If your BAL is .02 percent or greater, your license will be revoked for at least six months.

New Mexico’s Open Container Law

Alcohol cannot be consumed or carried in any open containers on any street, sidewalk, alley, automobile, or other public place within the State of New Mexico. This law applies to all areas of campus, unless the area is a licensed facility and the required permission has been officially granted.

New Mexico’s Party to a Crime

If you are a passenger in a vehicle and your driver has a BAL of .08 percent or greater, and you are stopped by an officer, in addition to the driver, you may be cited even though you have not been drinking.

Section II: Drugs and Controlled Substances

Tech’s Rules Regarding Controlled Substances

Note: New Mexico State law supersedes any policy developed and/or in place by Tech with regards to drug use or possession. This means students are subject to the remedies of State Law as well as those of Tech.

Tech does not condone the possession, use, or distribution of marijuana, LSD, or other hallucinogens and illegal narcotics by anyone in any campus facility or on the campus grounds. Any individual known to be possessing, using, or distributing such drugs or drug paraphernalia is subject to criminal and/or disciplinary action and possible arrest, imprisonment, or fine according to state law. The rules strictly prohibit:

·Manufacture, distribution, dispensation, possession, sale, purchase, or use of illegal drugs on Tech premises or in Tech vehicles;

·Storing any illegal drug in a locker, desk, vehicle, or other repository on Tech premises;

·Misuse of prescription drugs or over-the-counter substances; and

·Being under the influence of an illegal drug on Tech premises or businesses or in Tech vehicles.

Institutional Sanctions

Student organizations or individual students who violate Tech controlled substance policies and state or federal laws may be subject to civil, criminal, and Institute proceedings and sanctions. The Tech campus is not a sanctuary that relieves students of their responsibilities as citizens to abide by local, state, and federal laws, or Institute regulations, policies, and procedures. Violations of this campus drug policy will be referred to appropriate Institute officers, including Campus Police.

Students and student organizations may be subject to sanctions by more than one appropriate agency. Sanctions for the violation of Institute policies are based upon the severity and frequency of the violation. Sanctions may include, but are not limited to:

·Suspension of individual students or some other penalty as designated by the Student Discipline Policy, including permanent dismissal from the Institute.

New Mexico Statutes Regarding Controlled Substances

Controlled Substances; Possession Prohibited

A.It is unlawful for any person intentionally to possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice or except as otherwise authorized by the Controlled Substances Act.

B.Any person who violates this section with respect to:

·One ounce or less of marijuana is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50) or more than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both;

·More than one ounce and less than eight ounces of marijuana is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite time less than one year, or both; or

·Eight ounces or more of marijuana is guilty of a fourth-degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

Occasionally, students may have a legitimate grievance against a staff member at Tech. Students should be aware that the Dean of Students is available to all students to discuss and advise on any troublesome matter of concern and frequently helps to expedite resolution of such matters.

II. Academic Honesty Policy

1. Introduction

Tech has an outstanding academic reputation and excels as a teaching and research university specializing in areas of science, engineering, and related fields. This reputation is contingent on an environment of academic honesty and integrity. Indeed, the institute’s mission statement recognizes integrity as a core value along with creative excellence, collegiality, service, and leadership. “New Mexico Tech must honor integrity as a fundamental value. Dishonesty, cheating, and plagiarism have no place in a respected institution of higher education. But real integrity goes further than these negatives. Integrity means having the courage to defend the truth, to act fairly and honestly in all our endeavors, and to be responsible citizens of the community.” Academic dishonesty is therefore unacceptable and will not be tolerated at this Institute.

In the following, the role of the Associate Vice President for Academic Affairs pertains to cases involving undergraduate students. When a graduate student is involved, the Associate Vice President for Academic Affairs will work in conjunction with the Graduate Dean. The term number of days shall mean the number of working days.

2. Academic Dishonesty

Academic dishonesty is defined as an act of academic fraud. It could be any of the following:

·cheating: the use of unauthorized material during a test, or the act of copying from another student;

·plagiarism: the unauthorized use or use without proper citation of either someone’s published work, unpublished material in someone else’s computer files or material derived from the Internet;

·theft: any form of unauthorized procurement of academic documents, e.g., exams, student reports;

·falsification: any form of illegal alteration of academic documents for any purpose including improper alteration of experimental data obtained in the laboratory;

·impersonation: the act of permitting another person to substitute for oneself at an examination;

·obstruction: interference with or sabotage of the work of any other person through vandalism or theft;

·assistance: the act of helping another to commit fraud in any of the above-mentioned ways.

3. Fostering Academic Honesty

The need to foster academic honesty imposes a nexus of responsibilities on the Institute, its students and faculty.

The Institute: The Institute’s responsibility is to publish relevant policies, ensure that all such publications are consistent with each other, and implement the policies in a consistent manner.

Students: Each student’s responsibility is to understand for every academic assignment what is expected from him/her and what would indicate academic dishonesty.

Faculty: It is the responsibility of the instructor of a course to clearly articulate any special case of academic dishonesty that is relevant to that course but not covered in Section 2 above.

The following recommendations are intended to help in discharging those responsibilities.

Recommendations for the Institute:

·Compile useful articles on academic honesty and plagiarism and publish them on the Web.

·Ensure that graduate students, who are typically engaged in learning, teaching, and research, receive guidance about ethical issues in each activity.

Recommendations for Students:

·Attend all classes; in case a class is missed, talk to the instructor and find out about assignments given and topics covered.

·Time management is crucial. When study time is planned, the possibility of last-minute panic is minimized along with the consequent temptation to take unethical shortcuts.

·Unless explicitly prohibited in a course, sharing and discussing ideas with other students is encouraged as it can facilitate learning. But make sure that you do not share what you turn in for individual assignments.

·Do not keep open books or course material in close proximity to you while you take a test unless it is explicitly allowed.

Recommendations for Faculty:

·Mention this section of the catalog in your syllabus and in your introductory lecture.

·In the syllabus you hand out in the beginning of the course, list any special policies relevant to your course. For example, you could clarify what you mean by a restricted use of a resource like the Internet; you could set guidelines for non-standard assignments like group work, field trips, and ungraded papers. Furthermore, if you could include this syllabus in a Web page for the course, it could benefit students as well as other faculty.

4. Dealing with Incidents of Academic Dishonesty

If a dishonest action is discovered by, or brought to the attention of, a teaching assistant assigned to a course, he/she shall play the role of instructor as described below only if explicitly authorized by the faculty supervisor of that course; otherwise, the teaching assistant shall immediately convey the specific details to the faculty supervisor who will fill that role. The department chair or his/her designated representative shall substitute for an absent faculty supervisor.

When a case of academic dishonesty is detected, it is the instructor’s responsibility to (a) distinguish between a minor infraction and a major one, and (b) to take action appropriate to this judgment of severity. For example, a missed reference in an otherwise well-cited paper should be treated as carelessness; one unattributed remark in an ungraded paper should be considered minor. On the other hand, copying a substantial part of a term paper off a document available on the Internet should be considered a major violation; falsification of laboratory work by a student engaged in research should also be considered major.

Minor infractions repeated in spite of warnings may be treated as major.

Three classes of actions are available to the instructor. The instructor may:

a) only warn, i.e., issue a warning to the student(s) without any penalty in grades;

b) only penalize the assignment in question, e.g., decrease the student’s grades for that academic work (perhaps a zero for the entire assignment or a part thereof) and/or ask the student to re-do the assignment; or

c) penalize the course, i.e., directly change the course grade, e.g., drop a letter grade or assign an ’F’ for the course.

The instructor must make every effort to discuss with the student(s) the violation detected and any grade penalty being imposed.

In cases (b) and (c), the instructor must write in a memo to the Associate Vice President for Academic Affairs that the grade for the course has been affected partly or wholly by an act of academic dishonesty, specify the nature of the violation and indicate its severity, give details as to time, place, and persons involved, provide any available supporting evidence, and state the specific grade penalty imposed. Further, the instructor may recommend in the memo that the Associate Vice President for Academic Affairs should impose an appropriate disciplinary action on the student. The term disciplinary action refers to a penalty listed under Disciplinary Action in Section 6.4. The Associate Vice President for Academic Affairs shall respond to the instructor as outlined later in this section. If the dishonesty does not involve any course, e.g., when a student employed under an externally funded research grant falsifies laboratory data, the faculty supervisor must write a memo to the Associate Vice President for Academic Affairs as in case (c) above.

Notifications from the Instructor to the Associate Vice President for Academic Affairs must be sent within ten days of the discovery of the dishonesty or by the day when final grades are due, whichever is earlier.

Recommendation for the Faculty:

·Gather some evidence for the violation, e.g., copies of assignments exhibiting plagiarism, a witness in case of cheating during an in-class exam, a hard copy of a plagiarized Web page.

The Associate Vice President for Academic Affairs responsibility is to decide on the imposition of disciplinary action, i.e., whether or not disciplinary action should be imposed and, if so, which specific penalty (listed in Section 6.4) is appropriate. The Associate Vice President for Academic Affairs will follow the procedures described under the Associate Vice President for Academic Affairs’ Investigation (Section 6.3) with the following additions and clarifications:

1. On receiving a notification of dishonesty, the Associate Vice President for Academic Affairs shall look up the student’s record of past incidents of dishonesty.

2. The Associate Vice President for Academic Affairs shall convey to the student involved both the specific charge made by the instructor and the grade penalty imposed, inform the student about the provisions of this policy, and give him/her an opportunity to discuss the incident with the Associate Vice President for Academic Affairs.

3. If the current incident has been judged minor by the instructor but the student has a past record of dishonesty, the Associate Vice President for Academic Affairs shall determine whether or not this time the infraction shall be treated as major. Based on this determination, the Associate Vice President for Academic Affairs may elect to impose disciplinary action.

4. If the current incident has been judged major by the instructor, the Associate Vice President for Academic Affairs shall decide on the imposition of disciplinary action after considering the instructor’s recommendation, the evidence presented, the student’s account of the case, and any other fact the Associate Vice President for Academic Affairs finds pertinent. The absence of past incidents shall not be construed as a dilution of the seriousness of a major violation. For example, a graduate student who has falsified research results should not be treated leniently solely because it is his/her first incident of academic dishonesty.

5. The Associate Vice President for Academic Affairs shall consider requests from the student for additional time to gather evidence.

6. The Associate Vice President for Academic Affairs shall notify the student and the instructor whether or not disciplinary action is being imposed within ten days of the receipt of the instructor’s notification or five days from the end of any additional time period granted to the student.

Notifications of incidents of academic dishonesty from instructors shall remain in the student’s file in the Office of Academic Affairs in accordance with Section 6.8.

Annually, early in the Fall semester, the Associate Vice President for Academic Affairs shall present to the Faculty Senate the number of instances of academic dishonesty reported to them along with their breakdown by cases (b)/(c) of instructor notifications, instructor recommendations of disciplinary action, categories of infractions, disciplinary actions imposed, appeals, and their outcomes. In addition, they shall communicate any observations from the President regarding conflicts of this policy with any other so that they may be rectified.

5. Students’ Right to Appeal

A student who feels strongly that an academic grade is unjust can pursue the Academic Grievance Policy described in Section 7. However, when the grade in question is the direct result of action(s) taken to address academic dishonesty, as also when the student wishes to appeal a disciplinary action imposed by the Associate Vice President for Academic Affairs the procedures of the Academic Discipline Policy described in Section 6 and modified below must be followed.

The student may request a hearing before the Student Discipline Committee; the request must be made in writing to the Associate Vice President for Academic Affairs; an undergraduate student must send a copy of the request to the Student Association while a graduate student must send a copy to the Graduate Student Association; the request must be made within five days of the receipt of the notification from the Associate Vice President for Academic Affairs.

The procedures listed under Hearing (Section 6.6) shall apply with the following additions and exclusions.

Additions

·The Associate Vice President for Academic Affairs shall submit to the instructor notification plus any previous records of academic dishonesty of the student as evidence before the Student Discipline Committee.

·The instructor who brought charges of dishonesty may choose to act as a witness though he/she is not required to do so.

·If the committee decides that a grade penalty should be reversed, the instructor shall be required to submit a fresh grade computed by removing the penalty.

Exclusion

·If no disciplinary action is involved, i.e., only a grade penalty is being appealed, legal counsel will not be permitted and no tape

recording will be made of the hearing.

The decision of the Student Discipline Committee may be appealed as described under Appeal of student discipline committee decision (Section 6.7) with the following additions and exclusions.

Additions

·The instructor who brought charges of academic dishonesty may appeal the decision of the Student Discipline Committee.

·The Vice President for Academic Affairs shall communicate the final outcome of the appeal to the student, the Associate Vice President for Academic Affairs, and the instructor who brought charges of academic dishonesty.

Exclusion

·If no disciplinary action is involved, i.e., only a grade penalty is involved, the decision of the Student Discipline Committee may not be appealed unless it was based on a tie.

The composition of the Student Discipline Committee shall be as described under Student Discipline Committee (Section 6.9) with the following modification:

·When the appeal is by a graduate student, the ratio of undergraduate to graduate students shall be reversed, i.e., the student members shall consist of two members of the Graduate Student Association and one alternate designated by the President of the Graduate Student Association and one member of the Supreme Court of the Student Association and one alternate (another member of the Supreme Court).

6. Academic Discipline Policy

Tech’s Academic Discipline Policy has two primary purposes. First, it is intended to ensure that the student charged with academic honesty infractions is granted due process of law consistent with the principles of the U.S. Constitution. Due process means a fundamentally fair procedure based upon reasonable principles impartially applied. Second, the policy is intended to educate the student in question regarding the standards of conduct expected at Tech and throughout society as a whole. The process is not intended to mimic a genuine adversarial court proceeding, but is based upon sound judicial practices. Students violating Academic Honesty Policy are subject to disciplinary action in accordance with the procedures listed below.

6.1 Bringing of Charges

Charges of academic dishonesty must be in writing, must specify the nature of the violation, and must give details as to time, place, and persons involved. This statement must be given to the Associate Vice President for Academic Affairs within ten days of the incident(s).

6.2 Notification of Charges

Students charged with violations of Academic Honesty Policy must be notified in writing by Associate Vice President for Academic Affairs of the charge within five days of the bringing of charges. This notice must contain the particulars specified in the written statement of charges and a copy of this Academic Discipline Policy.

6.3 The Associate Vice President for Academic Affairs’ Investigation

The Associate Vice President for Academic Affairs will investigate the charges and may impose disciplinary penalties as stated in the ”Disciplinary Action” section. The action taken shall constitute the Associate Vice President for Academic Affairs’ decision. Regardless of the action taken by the Associate Vice President for Academic Affairs, the student has the right of hearing and appeal.

6.4 Disciplinary Action

A student who is found to have violated Academic Honesty Policy may be subject to one or more of the following penalties:

·Actions taken by the instructor as described in Section 4

·Disciplinary probation, not to exceed one calendar year (recorded in the student’s file in the Office of Academic Affairs)

·Interim suspension (see ”Interim Suspension”)

·Disciplinary suspension, not to exceed one calendar year (recorded in the student’s permanent file in the Office of the Registrar)

·Permanent dismissal (recorded in the student’s permanent file in the Office of the Registrar)

·Other disciplinary actions deemed appropriate to the specific case

If none of the above penalties is deemed appropriate, a student may be given an oral or written warning or statement that no disciplinary action is warranted. The decision whether or not to take action shall belong to the Associate Vice President for Academic Affairs.

6.5 Interim Suspension

At times, on the basis of his/her investigation into charges of violations of the Academic Honesty Policy, the Associate Vice President for Academic Affairs may conclude that it is necessary to suspend a student immediately, prior to a hearing on the matter. This may be the case when the student in question is dangerous to himself or herself, to others, or to property. Under such circumstances, the Associate Vice President for Academic Affairs with the concurrence of the Dean of Students or in his/her absence, a person designated by the Institute President, may impose an interim suspension pending written notice with a hearing to be set at a later date.

An interim suspension may not be imposed unless it is based upon facts which clearly show that the student’s continued presence on campus constitutes a danger to the student, to others, or to property. An interim suspension may not be based upon mere suspicion of guilt. Any student suspended on an interim basis has the right to a hearing before the Student Discipline Committee. The student suspended on an interim basis must present a written request for a hearing to the Associate Vice President for Academic Affairs, within five days of the effective date of the interim suspension. The hearing must be held within five days of the suspended student’s request for a hearing unless the student charged requests a delay, in which case the times specified in the following section shall apply.

The interim suspension shall terminate when the hearing is held. The Associate Vice President for Academic Affairs may impose regular disciplinary penalties at this point in the proceedings.

6.6 Hearing

Upon request by the Associate Vice President for Academic Affairs or by the student charged and subjected to disciplinary action, the case will be heard by the Student Discipline Committee. Requests for a hearing before the Committee must be presented in writing to the Associate Vice President for Academic Affairs within five days of the effective date of the disciplinary action.

The hearing is not intended to be a full-fledged adversarial proceeding: it is intended to be a fair hearing with ample opportunity for both parties (the student and the Institute) to present the facts. The Institute will be represented by the Associate Vice President for Academic Affairs.

The following procedures shall apply:

1. Both parties will be notified of the date of the hearing at least five days prior to the hearing (except in the case of interim suspension). In exceptional cases the Student Discipline Committee may choose to hold the hearing at an earlier time, but only with the express agreement of both parties.

2. Both parties shall be permitted to inspect, at least 24 hours in advance of the hearing, any documentary evidence which the other party intends to submit at the hearing.

3. The party who is charged with violating Academic Honesty Policy is responsible for presenting his or her case; advisors (including attorneys) can be present but are not permitted to present arguments or evidence.

4. Both parties may question any witness who testifies at the hearing.

5. A tape recording will be made of the hearing. A more formal record by a court reporter may be arranged by either party at their own expense.

6. The hearing shall be private if so requested by the student charged.

7. The student charged is not required to testify in his/her own defense and failure to testify shall not be held against the student.

8. The Student Discipline Committee will base its findings and decision solely on the evidence presented at the hearing.

9. The Student Discipline Committee shall give a written copy of its findings and decision to the parties within a reasonable amount of time. A copy of the findings and decision will also be kept on file in the Office of Academic Affairs.

10. The Student Discipline Committee may affirm, reverse or modify the decision of the Associate Vice President for Academic Affairs. The decision of the Student Discipline Committee shall be final unless appealed and reversed or modified.

6.7 Appeal of Student Discipline Committee Decision

Either the student charged or the Associate Vice President for Academic Affairs may appeal the decision of the Student Discipline Committee. This appeal, which must be in writing, will be sent to the Vice President of Academic Affairs of the Institute within ten days of the date of the Student Discipline Committees written decision. The Vice President of Academic Affairs' review shall be limited to a review of the record made before the Student Discipline Committee, including all documentary evidence, if any, admitted. However, the Vice President of Academic Affairs may allow such additional testimony and/or documentary evidence to be presented to him/her as he/she may, at his/her sole discretion, determine necessary in order to clarify the facts and/or the respective position of the parties. The Vice President of Academic Affairs may recommend to the President affirmation, reversal, or modification of the Student Discipline Committee's decision to the President. Following this, the decision of the President shall be binding. Should the President be a party to the dispute, a person selected by the Regents shall perform the duties assigned to the President. The decision on the appeal shall be returned in a timely manner.

6.8 Records of Disciplinary Actions and Hearings

1. Records of violations of Academic Honesty Policy that result in disciplinary action taken shall be kept by the Office of Academic Affairs for 10 years after the date of action taken.

2. Records concerning disciplinary actions will be retained by the Office of Academic Affairs for 5 years after the date of the disciplinary action.

3. A record of disciplinary suspension will remain in the student's permanent file in the Office of the Registrar.

4. Any student may examine his or her own file and may request that records of disciplinary action be removed and destroyed. Such requests will be reviewed by the Associate Vice President for Academic Affairs and must be honored if the relevant period specified in paragraphs 1 and 2 above has expired.

6.9 Student Discipline Committee

The Student Discipline Committee shall hear cases of students charged with violations of Academic Honesty Policy and subject to disciplinary penalties if requested by either the student charged or the Associate Vice President for Academic Affairs. The committee will then make its decision following a hearing.

The Student Discipline Committee shall be composed of:

·two members of the Supreme Court of the Student Association and one alternate (another member of the Supreme Court)

·one member of the Graduate Student Association and one alternate as designated by the President of the Graduate Student Association

·three members of the Faculty Senate and two alternates (not members of the administration other than chairpersons of academic departments) elected by the Faculty Senate

Either party to the dispute may disqualify one member of the Student Discipline Committee. Members may also disqualify themselves and should do so if they are aware of any reason they would not be able to render a fair and impartial decision.

The Student Discipline Committee shall establish its own procedures and shall select its own Chairperson, except that a quorum shall consist of all six members of the committee. (In the event that one or more committee members are unable to meet at times consistent with the provisions of previous sections titled Interim Suspension and Hearings, an alternate member shall serve.) The Chairperson must vote on each and every issue. In case of a tie vote on the charges, the student shall be found innocent, and in case of a tie vote on the discipline imposed, the less serious disciplinary action shall be recommended to the Associate Vice President for Academic Affairs.

7. Academic Grievance Policy

Occasionally, students may have reason to disagree with an academic decision or feel that they have a legitimate academic grievance against an instructor. Students should be aware that the Associate Vice President for Academic Affairs is available to all students to discuss and advise on any troublesome matter of academic concern and frequently helps to expedite resolution of such matters.

7.1 Academic Grievance Procedure

The procedure applies equally to grades or any other academic grievance:

·The student first should discuss the grievance, orally or in writing, with the instructor in question.

·If the student is not satisfied, he or she should then consult with the instructor’s department chair. If the grievance is with the department chair, the student should meet with the Associate Vice President of Academic Affairs. Every effort should be made to resolve the issues at this level.

·If no satisfactory resolution has yet been reached, the student should then present the grievance to the Vice President for Academic Affairs or his/her designated representative.

Copyright Guidelines

Tech supports and adheres to the copyright laws of the United States. Unauthorized copying in excess of fair use or the copying of software in violation of copyright is prohibited. Students should limit copying to their own research needs, never for reuse or publication. Students should not copy entire chapters of books, or whole works of any kind. Students should obtain copyright clearance prior to the use of derivative graphs and diagrams. The only software copies permitted under law are:

·the authorized backup copy

·copies of freeware or shareware

·use copies under an applicable license

Students who write software on their own time own that software—it is their property. When students write software as employees of the Institute, however, ownership of that software accrues to the Institute.

Equal Opportunity Policy

Tech is committed to the policy that all persons shall have access to its programs, facilities, and employment without regard to race, age, religion, color, national origin, ancestry, sex, sexual orientation, physical or mental handicap or serious medical condition, spousal affiliation, or gender identity, as required by the New Mexico Human Rights Act, Title VI and Title VII of the 1964 Civil Rights Act as amended, Civil Rights Act of 1866, Executive Order 11246, Section 503 and 504 of the Rehabilitation Act of 1973, The Americans with Disabilities Act, The Age in Employment Discrimination Act of 1990, Vietnam Era Veterans Readjustment Assistance Act of 1974, Title IX of the Education Amendments Act of 1972, Immigration Reform and Control Act, or by other applicable laws and regulations. Inquiries regarding compliance may be directed to: Elias M. Hernandez, Director, Affirmative Action and Compliance Office, Fitch Hall; telephone (505) 835-5645; e-mail: emhernandez@admin.nmt.edu.

Facilities Use Policy

Institute facilities may be scheduled and used for nonacademic uses only when the activity is sponsored by at least one of the following:

·the Institute or one of its administrative officers

·members of the Institute Senate or their spouses

·recognized student clubs or organizations

·authorized civic and private groups

Student Use of Institute Facilities

Facilities assigned to student organizations shall be used only for legitimate activities. Requests should be referred to the appropriate office. The expense of providing janitorial or other services incidental to this use shall be assumed by the sponsors of the event or activity. Individuals and groups will be charged for damage incurred.

Information Services Department

Residential Campus Network (RCN) Acceptable Use Policy

·Anything that will disrupt other peoples’ use of the resources is prohibited.

·Use of the network to do anything illegal is prohibited. This includes sharing or distributing copyrighted software, copyrighted MP3 files, and/or distribution of virus material.

·Providing services of any kind off campus is prohibited. This connection is provided for you to use as a client to obtain services provided by non-RCN subscribers. Certain Tech authorized services can be provided, on campus only, for your personal use. Examples of this include ssh, telnet, ftp, and http, so you may access your machine from on campus. Examples of unauthorized services are PC Anywhere and online game servers that are accessible from off campus.

·Connecting any computer to both a modem and RCN port is prohibited. This includes voice and data services.

·Use of excessive bandwidth is prohibited. Using 10 percent of the bandwidth 5 percent of any given time is considered excessive.

·Use of the network for commercial purposes is prohibited. Running and/or supporting a business from your computer is prohibited.

·Port scanning is prohibited.

·Modifying the existing network wiring is prohibited. For problems with a network port, contact ISD at -5700.

·The assigned IP address must be used for the length of the network connection.

·The network’s primary objective is to provide students with an educational resource. Online games are not considered educational and they will not be given priority as a network issue.

·Any infraction(s) COULD result in forfeiture of the use of the RCN port (without refund) and/or the denial of future usage of the port.

·Any inappropriate behavior will be reported to the proper authorities for action.

·Tampering with/destroying DSL boxes installed in your room may result in a repair fee charged to your student account.

·Since your TCC email is ISD’s primary means of communication, you must have a TCC email account for the length of your connection. If we find that it has been closed or terminated, your port will be disabled until the account is reactivated.

·ISD reserves the right to keep a secure infrastructure. This may include port scanning, traffic monitoring and logging, and security/threat analysis.

Admission Office maintains files containing applications, ACT or SAT scores, transcripts, and correspondence. The Director of Admission is responsible for maintaining these files. Access is limited to the Director of Admission and Admission Office staff, as well as the Director of Financial Aid and the Financial Aid staff. Upon enrollment at Tech, these files are transferred to the Office of the Registrar and become part of the student’s permanent record.

Advising Resource Center maintains files containing name, address, student level, and situation. Access is strictly limited to the Director and appropriate faculty/staff unless a signed release is obtained from the student. Files are reviewed every year.

Bureau of Geology and Mineral Resources maintains records for current and past employees. The Director and his/her secretary are responsible for maintaining these files. Access is limited to division staff.

Business Office maintains employment authorizations, accounts receivable, and payroll information. The Business Manager is responsible for maintaining these files. Access is limited to Business Office staff and authorized auditors.

Career Services maintains files containing a placement registration form, release forms, unofficial transcripts, and materials such as resumes. The Director of Career Services is responsible for maintaining these files. Access is limited to Career Services personnel.

Dean of Students maintains files regarding disciplinary matters. Access is limited to the Dean of Students (and other professional staff as designated by the Dean) and clerical staff. In cases where disciplinary matters are brought before the Student Discipline Committee, members of the committee may have access to the files.

Financial Aid Office maintains all aid applications, supporting financial documents, loan records, and academic progress records for students who apply for aid. The Financial Aid Office is required by federal law to keep these records five years or until loans are paid in full. Access is limited to authorized educational personnel and auditors as required by federal law. Access for any other individual requires written permission of the student. Other documents maintained include work authorization forms and scholarship information.

Graduate Office maintains copies of correspondence, transcripts, applications for admission, letters of acceptance, assistantship appointment forms and contracts, progress reports, grade reports, special course request forms, reports of advisory committees, records of degree completion for current and past M.S.T., M.S. and Ph.D. students. These files are designed to assist in advising and checking degree progress. The Dean of Graduate Studies is responsible for maintaining the files. Access is limited to the Dean, clerical staff, graduate academic advisors, academic department chairs, research supervisors, and graduate employment supervisors.

International & Exchange Programs Office maintains and is responsible for files on international students. These files include copies of I-20 or IAP-66 and I-94 visas, the annual census form, correspondence, and additional necessary documentation. Access is limited to department staff and other personnel concerned with the legal status of international students. Since this Office is responsible for international undergraduate admission, those application files are stored here until admission is complete. Files generated by student exchange activities (both international and domestic) are also stored here.

Multicultural Programs Office maintains confidential files of students in special programs only. Access is limited to the administrator.

Office of the Registrar maintains official academic records of students, which include all transcripts from other institutions, official records of courses taken at Tech, copies of all official correspondence, test scores, and applications for admission. The Office of the Registrar is responsible for maintenance of these files. Routine access to these files is limited to the Registrar staff, academic advisors, and authorized college administrators.

Residential Life maintains documents pertaining to students’ housing and meal plan contracts while at Tech. Access to these files is limited to the Residential Life Office staff and authorized college administrators unless the student has provided written consent.

All of these files will be reviewed and purged in accordance with the Schedule of Records Retention and Disposal published by the State Records Center and Archives, January, 1982. A copy of this schedule is available in the Office of the Registrar.

No additional information will be released without written permission from the student involved except to authorized school officials. Authorized officials are identified as the President, Vice President for Academic Affairs, Vice President for Administration and Finance, Vice President for Research and Economic Development, Vice President for Student and University Relations, Dean of Students, Dean of Graduate Studies, department chairs, Registrar, a student’s academic advisors, and other officials who might be considered to have a legitimate academic interest. Legitimate academic interest is defined as a need to inspect a student’s record to ensure satisfactory academic progress toward a degree objective, check for course prerequisites, or ensure safety of the student. A record of all disclosures to any individual or agency will be kept with the record in question.

Failure of New Mexico Tech to comply with the regulations of the Family Educational Rights and Privacy Act may be reported to the Family Educational Rights and Privacy Act Office (FERPA), Department of Education, 330 Independence Ave., SW, Washington, DC 20201.

Tech Computer Center Policies and Procedures

General

The Tech Computer Center is here to serve the academic computing needs of the campus community.

See the latest TCC Hotline: http://infohost.nmt.edu/tcc/newsletters.html [PDF format] (Disk quota increase; New Mac G5s; Close the Mac lab?; Mac Beowulf; Erdas and ArcGIS; Speare 5 special use machines; user area food and drink).

Policy on Computer Accounts

·Students can have one computer account that is billed monthly to their Banner ID as long as they are enrolled.

·Full time permanent staff employees can have one personal computer account that is deducted from their paycheck monthly.

·Staff employees can have computer accounts that are billed to general ledger accounts (i.e., 111A-12345) but the departmental business officer must authorize the expenditure.

·Full-time permanent faculty can have one computer account that is paid by the Vice President for Academic Affairs, but it must be approved by Academic Affairs and Accounting.

·Faculty can have computer accounts that are billed to general ledger accounts (i.e., 111A-12345) but the departmental business officer must authorize the expenditure.

·Course accounts (i.e., CS122, MATH283, etc.) will be paid by the department requesting the account, but the departmental business officer must authorize the expenditure.

·Departmental accounts must be paid by the department.

·Spouses of full-time staff or full-time faculty can have one computer account that is deducted from their spouse’s paycheck monthly. The Payroll Department must approve the deduction and the employee must cosign the form.

·Employees of affiliated entities (i.e., NRAO, UNM faculty, NMSU faculty, UNM students, NMSU students) can have one computer account but they must first open an Accounts Receivable account in the Business Office and must also prepay six months of usage in advance. They must provide the receipt.

·Graduated alumni of Tech can have one free email-only account. Alumni also can open one personal computer account, but they must be a current member of the Alumni Association. They will also need to open an ‘Accounts Receivable’ account in the Business Office and must prepay six months of usage in advance.

·Community College instructors and adjunct faculty can have one personal computer account when they are teaching. If the Community College Coordinator approves, the charge can be billed to the Community College; otherwise the employee must first open an Accounts Receivable account in the Business Office and must also prepay six months of usage in advance.

·Master of Science Teaching students can keep their computer account for the entire year after they enroll in a summer MST class. Enrollment in the MST program must be verified.

Access and Usage Policy

Approved by the Faculty Council, October 2, 2003; Approval by Board of Regents is pending.

Introduction

Open access to the academic network and associated academic computer facilities (Academic Computer Network or ACN) of Tech and the world is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources, and observe all relevant laws, regulations, and contractual obligations. This document has been prepared to help people retain that privilege. The preparation of this document included review and modification by the people using the Tech academic network and computers.

This document contains the official policy on access and use of the academic computing facilities and the academic network at Tech. In addition to this policy academic departments at Tech may have supplemental computer usage policies. You will need to contact them to find out about their policy.

The policy presented here applies to all academic computer systems at Tech, regardless of their operating system or manufacturer.

The term “academic computer” is meant to include any computer that is used primarily for academic efforts at Tech. It may or may not be connected to the Ethernet network at Tech.

The term “academic computer system” may include network resources as well as the computer.

The phrase “general use academic computer facility” is meant to include facilities, machines, and peripherals that are intended to be used by more than one person in support of the Tech’s educational mission. (This would, as an example, include user areas that a department has created for use by students enrolled in its programs. It would not necessarily include computing facilities in a professor's office.)

The term “Computer Staff” includes any professional staff and part-time student employees who work in academic computer facilities.

None of the statements in this policy are to be interpreted in a manner that would hinder the educational mission of Tech. If there is conflict, or ambiguity, between statements of this policy and those of other Institute policies, they will be resolved by the Director for Academic Computing and the appropriate Tech representative(s).

This policy will naturally change over the course of time as required to stay abreast of changes in the direction of Tech, in the computer field, and in society. Any such changes will be subject to comment and review by the Tech community and will require approval by such bodies as the President of Tech deems necessary, before going into effect.

Advisories

All data on any academic computer are considered to be the sole property of the owner of the account that created the data, except in instance where the account owner has previously assigned those rights to another or the original work is not that of the account owner.

Access to Academic Computing Facilities

Any member of Tech may apply for an account to use designated general use academic computing facilities. Accounts may also be created for faculty and staff of other schools by special arrangement. Valid identification must be presented when applying for an account. Students may also be required to present a current class schedule and proof of validation to show that any required fees have been paid.

Each account holder (or applicant) is required to supply the Computer Staff with the information necessary to properly maintain the system's account information database. [It should be noted that portions of this data may be accessible to anyone with access to the system and that some of the Computer Staff would have full access to the database. In particular, no right to anonymity or privacy exists. That is, users should know that it is possible for others to determine a user’s name, given their login id.]

Persons granted special access means (e.g. means to access facilities outside the normal hours of operation) must restrict this access to themselves. If they wish to have permission to allow others access to their special privilege, they must specifically ask for it. In any case they must understand that the responsibility for the facilities so accessed still rests with them. In no case should the means of access (keys, access cards, combinations, passwords, etc.) be lent or given to others. If this occurs, access may subsequently be denied to both the user and the borrower.

Client Privileges and Responsibilities

Prior to receiving the privileges associated with an academic computer account, users must sign a statement that they also accept the responsibilities that accompany those privileges. People using the academic computer facilities are responsible at all times for using those facilities in a manner that is consistent with this policy and its intent.

They are responsible for obeying all official notices posted in the user areas, attached to equipment, displayed in the message of the day, posted in local policy newsgroups by appropriate staff members, or announced using electronic mail. They are also responsible for knowing and abiding by the policy set forth in this document, along with any changes announced by any of the means noted in this paragraph.

Users are also responsible for any and all activity initiated by their account. For this reason, as well as to protect their own data, they should select a secure password for their account and keep that password secret at all times. Passwords should not be written down, stored online, or given to others. (Passwords should never be given to ANYONE, even to someone claiming to be a Computer Staff member.)

Users are responsible for protecting their own files and data from reading and/or writing by others, with whatever protection provided by the operating system in use. They are also responsible for picking up their printer output in a timely fashion to avoid theft or disposal.

Those using the academic computing facilities must act in a manner that will not cause damage to the academic computing resources of Tech. Examples of acts that can damage Tech’s computing resources include, but are not limited to, electronic distribution of chain-letters, pyramid-schemes, harassing mail, illegal mail and posting material inappropriate for a targeted Usenet news group.

Theft, accidental damage, or damage caused by other parties must be reported to the Computer Staff as soon as possible so that corrective action can be taken.

Anyone observing or suspecting security violations, harassment, or other inappropriate behavior (for example, noise pollution in a user area) is encouraged to report such behavior to the Computer Staff.

Proper Use

The academic computing facilities exist as a resource of Tech to support its missions. The academic computing facilities are not to be used for any commercial activity not already associated with legitimate research activity. Commercial activities include, but are not limited to, consulting, typing services, and developing software for sale.

Game playing and the development of computer games are permitted on academic systems only when resources and facilities permit. These activities may be limited by time and locations. Work in pursuit of the goals of Tech has priority over game playing and game development (unrelated to course work).

Many resources, such as consoles, disk space, CPU cycles, network bandwidth, printer queues, batch queues, and software licenses, are shared by many people. Use of one or more of these resources in any way that unreasonably restricts its use by others is inappropriate and may require action by the Computer Staff to free the resource. Anyone repeatedly using these limited resources in an unreasonable way, and showing willful disregard for this policy, may be seen as attempting to deny services to others and may lose their access.

Anyone conducting experiments on computer security or self-replicating code must have that activity initially, and then periodically, reviewed to address the risks the work may place upon the rest of the Tech community. The Director of Academic Computing must be notified of the activities of such work well in advance of their occurrence in order to evaluate the risks involved. When possible, special arrangements will be made to provide an adequate environment for these efforts without risking damage to, or impairment of, other’s work. Codes that fall into the above categories would include, but not be limited to, virus code, worm code, password cracking code, and password grabbing code.

The state of the systems security at any given time is not to be interpreted as an opportunity for abuse either by attempting to harm the systems or by stealing copyrighted or licensed software. Deliberate alteration of system files can be considered vandalism or malicious destruction of Tech property.

The ability to connect to other systems via the network does not imply the privilege to make use of or even connect to these systems unless properly authorized by the owner(s) of the system(s) in question. Tech facilities and network connections may not be used for the purposes of making unauthorized connections to, breaking into, or adversely affecting the performance of other systems on the network, whether these systems are Tech owned or not.

Other organizations that operate computing and network facilities that are reachable from Tech may have their own policies governing the use of those resources. When accessing remote resources from Tech facilities users are responsible for obeying both the policies set forth in this document and the policies of the other organizations.

Computer Staff Authorities and Responsibilities

Tech attempts to acquire and maintain resources that will be beneficial to most people. Tech also makes every reasonable effort to provide sufficient resources to ensure that reasonable use is possible for all users.

Tech will not, at its own expense, acquire, write, or maintain programs or hardware peculiar to a particular person’s application. Tech will maintain a person's resources, at that person's expense, if there is sufficient time and staff available to do so. The Computer Staff has the responsibility to provide, when possible, advance notice of system shutdowns for maintenance, upgrades, or changes so that people may plan around periods of system unavailability. However, under some circumstances, the Computer Staff may shut down a system with little or no advance notification. Every effort will be made to give people a chance to save their work before the system is taken out of service.

From time to time the Computer Staff may be required to adversely affect a person's work (for example, terminate their process) to protect either the computer system (machines and/or network) or other people's work. When such action is required the Computer Staff will attempt to contact the users in question and inform them what needs to be done. If they cannot be contacted in the time permitted by the situation, then the Computer Staff member responsible for affecting the users' work must deliver notification, to the user, of what happened and if possible what can be done to prevent it from happening again.

In accordance with federal and state law, the Computer Staff will undertake reasonable effort to maintain the privacy of a person’s files, electronic mail, and printer listings. The following actions will require prior authorization, by the faculty or staff member responsible for granting accounts on the systems in question, before they can be carried out:

1. Disclosure of these files to Tech officials with a legitimate and necessary interest.

2. Examination of a person’s files, electronic mail, or printer listings in the normal course of examining and repairing system problems, and when investigating instances of improper use of academic computing facilities.

Computer Staff are also responsible for reporting any violations of Tech policy, state law, or federal law pertaining to the use of Tech computer facilities to the appropriate authorities whenever such violations come to their attention.

Copyrights and Licenses

It is against federal or state law and this policy to violate copyrights or patents. This applies to, but is not limited to: software, music, video, and any eligible digital item. It is against this policy and against federal or state law, to violate software license agreements.

Copying of licensed software is illegal except as allowed for by the license. Licensed software is not to be copied by anybody except as allowed by license. Many software packages have a limited number of licenses and so require people to share the licenses. The license agreements for some software found on academic computing systems may specifically restrict the software to instructional use. The System Administrator for the system on which the software resides must be consulted beforehand when planning the use of third party software (found on academic computing systems) for research or administrative tasks in lieu of purchasing research or administrative licenses for this software. To ensure compliance, only the System Administrator for the system may install software.

Source code for licensed software may not be included in any software developed at Tech, in part or in whole, except as specifically permitted by the license pertaining to that source code.

If you have doubts, or questions, about the legality of copying any software, please contact the Director of Academic Computing before you undertake any copying.

Violations and Discipline

Violations

Students and other users of Tech’s Academic Computer Network (ACN) facilities and equipment are expected to adhere at all times to the rules and guidelines established by state or federal law and by this document and related documents adopted by other academic departments. Individuals who violate these rules are subject to disciplinary action.

The disposition of situations involving a violation of the policies set forth in this document and the penalties that may be imposed upon the person guilty of the violation(s) are described in this section.

Accidental infractions of this policy such as poorly chosen passwords, overloading systems, excessive disk space consumption, poor judgment, and so on, are typically handled internally in an informal manner by electronic mail or in-person discussions.

More serious infractions, such as unauthorized use, denial of service, attempts to steal passwords or data, attempts to steal licensed software, violations of Tech policies, harassment, or repeated minor infractions, may result in the temporary or permanent loss of academic computer system privileges without advance notice or warning.

Offenses that are in violation of state or federal laws can result in immediate loss, without advance notice or warning, of all academic computing privileges. The appropriate authorities will be notified of any such infractions, and penalties may be imposed under Tech regulations, New Mexico law, or the laws of the United States including the New Mexico Statutes 1978, Annotated, Chapter 30, Article 45.

Bringing of Charges

Charges of violations of these rules may be brought by any member of the student body, staff, and faculty. Charges should be directed to the faculty or staff member responsible for the academic computing system involved with the infraction. That person will determine if further action is required. He or she may require that the charges be made in writing. Normally, charges will be brought within ten days of the alleged violation, but in special cases the time limitation may be extended.

Notification of Charges

If further action is required, the faculty or staff member will turn the matter over to the ACN Discipline Committee. This committee is comprised of two members of the faculty, two students, and a Computer Staff member from the system involved (all of whom are users of the ACN and familiar with its operations). Members are selected and appointed by the Vice President for Academic Affairs. The committee will, after meeting with the individual charged and other parties who have information relevant to the case, decide what penalties, if any, are appropriate to the case.

Discipline Policy

Users of Tech’s Academic Computer Network (ACN) facilities and equipment are expected to fully adhere to the general Rules, Regulations, and Guidelines established by the Vice President for Academic Affairs in the Student Handbook. Students who violate the rules will be subject to the disciplinary procedures and penalties as enumerated in this section. Faculty and staff using ACN facilities and equipment are subject to the policies and procedures set forth in the Disciplinary Action section of the Tech Employee Handbook. Some situations involving faculty may be covered by regulations governing academic freedom and tenure. Users are fully subject to the appropriate state and federal laws as well.

If a violation is sufficiently serious, the matter will be referred to the appropriate authority (e.g., the Director of Academic Computing, Dean of Students, Vice President for Academic Affairs, Human Resources Director).

If a complaint concerns the appropriate nature of content, such as electronic mail or World-Wide-Web homepage, a Mediating Committee composed of the Dean of Students, Director of Public Information, Director of Academic Computing, and President of the Student Association, or their designees, will meet with the individual to discuss the complaint. If no voluntary remedy can be reached, the issue will be referred to the ACN Discipline Committee.

Disciplinary Action

Any individual who is found to have violated ACN rules and/or policies is subject to one or more of the following penalties:

·A letter of warning from the faculty or staff member

·Mutually agreed upon service to the ACN user community

·Suspension of ACN privileges for the current semester

·Suspension of ACN privileges for the academic year

·Permanent suspension of ACN privileges.

The committee may also decide to file charges of violation of the General Campus Rules with the Dean of Students.

Appeal of Disciplinary Action

Students who have been found to have violated ACN policies may appeal that finding to the Dean of Students. Further appeals will follow Institute policies on appeals.

Software Requests

Introduction

When the TCC moved to a centralized file server, one of the side effects was the planning and scheduling of software installations. When a faculty member requests that new software, or upgraded software, be installed on the server, considerable effort has to be expended to ensure that the new software is compatible with the existing operating systems, the SAMBA server, the print server software, the license manager, and the file system. This can be a difficult effort for some software. Therefore, it is imperative that the TCC have advance notice of such requests.

Cost

If the faculty member submits the request at least 30 days prior to the start of the semester, then the TCC will evaluate and install the software at no cost. However, if the request is submitted less than 30 days prior to the start of the semester, then the requestor will be charged the current programming rate AND no guarantee is made that the software will be available at the start of the semester.

Vehicles (Motorized & Non-Motorized) Policy Statement

These rules apply to all Tech students, faculty, staff and visitors.

1.Respect the property of others! Damaging the property of the Institute is a violation of the General Campus Rules. Riding on elevated surfaces that are painted, stuccoed, or otherwise fragile will not be tolerated.

2.Education comes first! Riding in a manner that disrupts teaching, research, or other institute activities is a violation of the General Campus Rules. Please ride in way that does not create excessive noise in areas around classrooms, offices, and residence halls.

3.Pedestrians always have the right of way! Interfering with or causing danger to bystanders will not be tolerated.

4.Be careful! Ride at your own risk; this Institute is not responsible for injuries resulting from riding a non-motorized vehicle. Non-motorized vehicle riders must adhere to the same traffic and safety rules as automobile drivers. Bicycle parking is not allowed in interior hallways.